* Section 991.11, Wisconsin Statutes 1999-00 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].

15.407 (7)Massage therapy and bodywork council. (a) There is created a massage therapy and bodywork council in the department of regulation and licensing, serving the department in an advisory capacity. The council shall consist of 7 members, appointed for 4-year terms, who are massage therapists or bodyworkers certified under ch. 460 and who have engaged in the practice of massage therapy or bodywork for at least 2 years preceding appointment.

(b) In appointing members under par. (a), the governor shall ensure, to the maximum extent practicable, that the membership of the council is diverse, based on all of the following factors:

1. Massage or bodywork therapies practiced in this state.

2. Affiliation and nonaffiliation with a professional association for the practice of massage therapy or bodywork.

3. Professional associations with which massage therapists or bodyworkers in this state are affiliated.

50.01 (2) "Nurse's assistant" means a person who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the person, for the direct health care of a patient or resident. "Nurse's assistant" does not mean a person who is licensed, permitted, certified, or registered under
subch. XI of ch. 440 or ch. 441, 448, 449, 450, 451, 455 or
, 459, or 460 or a person whose duties primarily involve skills that are different than those taught in instructional programs for nurse's assistants.

55.043 (4) (e) Refer the case to the department of regulation and licensing if the misappropriation of property or neglect or abuse involves an individual who is required to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 459460.

146.40 (1) (d) "Nurse's assistant" means an individual who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the individual, for the direct health care of a patient or resident. "Nurse's assistant" does not mean an individual who is licensed, permitted, certified, or registered under subch. XI of ch. 440 or ch. 441, 448, 449, 450, 451, 455 or, 459, or 460 or an individual whose duties primarily involve skills that are different than those taught in instructional and competency evaluation programs for nurse's assistants certified under sub. (3) or evaluated by competency evaluation programs for nurse's assistants approved under sub. (3m).

180.1901 (1m) (ag) The department of regulation and licensing under subch. XI of ch. 440ch. 460.

74,10Section
10. 252.15 (1) (ar) 1. of the statutes is amended to read:

252.15 (1) (ar) 1. A person or entity that is specified in s. 146.81 (1), but does not include a massage therapist or bodyworker issued a license of registrationcertificate under subch. XI of ch. 440460.

74,11Section
11. 440.08 (2) (a) 46r. of the statutes is created to read:

74,15Section
15. 440.982 (title) and (1) (intro.) and (a) of the statutes are repealed.

74,16Section
16. 440.982 (1) (b) of the statutes is renumbered 460.06 and amended to read:

460.06 Examinations.Promulgate rules establishing the education, training or competency requirements that an applicant for a license must satisfy in order to be issued a license of registration under this subchapter. The rules shall require an applicant to complete at least 500 classroom hours of study in a course of instruction in massage therapy or bodywork approved by the department or at a school approved by the educational approval board under s. 45.54. The rules shall also require anThe department may not grant a certificate under this chapter unless the applicant whose application is received after March 1, 2000, to successfully completepasses the national certification examination for therapeutic massage and bodywork that is offered by the National Certification Board for Therapeutic Massage and Bodywork or a substantially equivalentan examination relating to the practice of massage therapy or bodywork that is approvedadministered by a national board that is accredited by the National Commission offor Certifying Agencies of the National Organization for Competency Assurance or that is developed, administered or a substantially equivalent examination approved by the department. The department shall promulgate rules maythat also require an applicant to pass an examination on state laws and administrative rules governing massage therapy or bodywork.

74,17Section
17. 440.982 (1) (c) and (2) of the statutes are repealed.

74,19Section
19. 440.989 of the statutes is renumbered 460.17 and amended to read:

460.17Local regulation. A city, village, town, or county may not enact an ordinance that regulates the practice of massage therapy or bodywork by a person who is issued a license of registrationcertificate by the department under this subchapterchapter. No provision of any ordinance enacted by a city, village, town, or county that is in effect before February 1, 1999, and that relates to the practice of massage therapy or bodywork, may be enforced against a person who is issued a license of registrationcertificate by the department under this subchapterchapter.

(1) "Certificate holder" means a person granted a certificate under this chapter.

(2) "Council" means the massage therapy and bodywork council.

(3) "Manual action" includes holding, positioning, rocking, kneading, compressing, decompressing, gliding, or percussing the soft tissue of the human body or applying a passive range of motion to the human body.

(4) "Massage therapy or bodywork" means the science and healing art that uses manual actions to palpate and manipulate the soft tissue of the human body, in order to improve circulation, reduce tension, relieve soft tissue pain, or increase flexibility, and includes determining whether massage therapy or bodywork is appropriate or contraindicated, or whether a referral to another health care practitioner is appropriate. "Massage therapy or bodywork" does not include making a medical or chiropractic diagnosis.

(5) "Physician's office" has the meaning given in s. 101.123 (1) (dg).

(6) "Sexual contact" has the meaning given in s. 939.22 (34).

(7) "Sexual intercourse" has the meaning given in s. 948.01 (7) (a).

460.02 Certificate required. Except as provided in s. 460.03, no person may designate himself or herself as a massage therapist or bodyworker, or use or assume the title "massage therapist and bodyworker" or "massage therapist" or "bodyworker" or any title that includes "massage therapist" or "bodyworker," or append to the person's name the letters "M.T.," "C.M.T.," "B.W.," or "C.B.W.," or use any other title or designation that represents or may tend to represent that he or she is certified under this chapter, unless the person is certified under this chapter.

460.03 Applicability. A certificate under this chapter is not required for any of the following:

(1) A person holding a license, permit, registration, or certification granted by this state or the federal government who engages in a practice of massage therapy or bodywork within the scope of his or her license, permit, registration, or certification and who does not imply that he or she is certified under this chapter.

(2) A person who is authorized to practice massage therapy or bodywork in another state or country and is providing a consultation to or demonstration with a certificate holder.

460.04 Duties of department.(1) The department shall assign a unique certificate number to each person certified under this chapter.

(2) The department shall promulgate rules that establish all of the following:

(a) Standards that govern the professional conduct of certificate holders in practicing massage therapy or bodywork. The standards shall prohibit a certificate holder from having sexual contact or sexual intercourse with a client.